[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2118 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 2118

To amend the USA PATRIOT ACT to extend the sunset of certain provisions 
of that Act and the lone wolf provision of the Intelligence Reform and 
   Terrorism Prevention Act of 2004 to March 31, 2006, and to combat 
                         methamphetamine abuse.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 15, 2005

  Mr. Sununu (for himself, Mrs. Feinstein, Mr. Craig, Mr. Obama, Ms. 
Murkowski, Mr. Hagel, and Mrs. Clinton) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the USA PATRIOT ACT to extend the sunset of certain provisions 
of that Act and the lone wolf provision of the Intelligence Reform and 
   Terrorism Prevention Act of 2004 to March 31, 2006, and to combat 
                         methamphetamine abuse.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

 TITLE I--EXTENSION OF SUNSET OF CERTAIN PROVISIONS OF THE USA PATRIOT 
    ACT AND THE LONE WOLF PROVISION OF THE INTELLIGENCE REFORM AND 
                    TERRORISM PREVENTION ACT OF 2004

SECTION 101. EXTENSION OF SUNSET OF CERTAIN PROVISIONS OF THE USA 
              PATRIOT ACT AND THE LONE WOLF PROVISION OF THE 
              INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004.

    Section 224(a) of the Uniting and Strengthening America by 
Providing Appropriate Tools Required to Intercept and Obstruct 
Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56; 115 Stat. 
295) is amended by striking ``December 31, 2005'' and inserting ``March 
31, 2006''.

         TITLE II--COMBAT METHAMPHETAMINE EPIDEMIC ACT OF 2005

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Combat Methamphetamine Epidemic 
Act of 2005''.

         Subtitle A--Domestic Regulation of Precursor Chemicals

SEC. 211. SCHEDULED LISTED CHEMICAL PRODUCTS; RESTRICTIONS ON SALES 
              QUANTITY, BEHIND-THE-COUNTER ACCESS, AND OTHER 
              SAFEGUARDS.

    (a) Scheduled Listed Chemical Products.--
            (1) In general.--Section 102 of the Controlled Substances 
        Act (21 U.S.C. 802) is amended--
                    (A) by redesignating paragraph (46) as paragraph 
                (49); and
                    (B) by inserting after paragraph (44) the following 
                paragraphs:
    ``(45)(A) The term `scheduled listed chemical product' means, 
subject to subparagraph (B), a product that--
            ``(i) contains ephedrine, pseudoephedrine, or 
        phenylpropanolamine; and
            ``(ii) may be marketed or distributed lawfully in the 
        United States under the Federal, Food, Drug, and Cosmetic Act 
        as a nonprescription drug.
        Each reference in clause (i) to ephedrine, pseudoephedrine, or 
        phenylpropanolamine includes each of the salts, optical 
        isomers, and salts of optical isomers of such chemical.
    ``(B) Such term does not include a product described in 
subparagraph (A) if the product contains a chemical specified in such 
subparagraph that the Attorney General has under section 201(a) added 
to any of the schedules under section 202(c). In the absence of such 
scheduling by the Attorney General, a chemical specified in such 
subparagraph may not be considered to be a controlled substance.
    ``(46) The term `regulated seller' means a retail distributor 
(including a pharmacy or a mobile retail vendor), except that such term 
does not include an employee or agent of such distributor.
    ``(47) The term `mobile retail vendor' means a person or entity 
that makes sales at retail from a stand that is intended to be 
temporary, or is capable of being moved from one location to another, 
whether the stand is located within or on the premises of a fixed 
facility (such as a kiosk at a shopping center or an airport) or 
whether the stand is located on unimproved real estate (such as a lot 
or field leased for retail purposes).
    ``(48) The term `at retail', with respect to the sale or purchase 
of a scheduled listed chemical product, means a sale or purchase for 
personal use, respectively.''.
            (2) Conforming amendments.--The Controlled Substances Act 
        (21 U.S.C. 801 et seq.) is amended--
                    (A) in section 102, in paragraph (49) (as 
                redesignated by paragraph (1)(A) of this subsection)--
                            (i) in subparagraph (A), by striking 
                        ``pseudoephedrine or'' and inserting 
                        ``ephedrine, pseudoephedrine, or''; and
                            (ii) by striking subparagraph (B) and 
                        redesignating subparagraph (C) as subparagraph 
                        (B); and
                    (B) in section 310(b)(3)(D)(ii), by striking 
                ``102(46)'' and inserting ``102(49)''.
    (b) Restrictions on Sales Quantity; Behind-the-Counter Access; 
Logbook Requirement; Training of Sales Personnel; Privacy 
Protections.--
            (1) In general.--Section 310 of the Controlled Substances 
        Act (21 U.S.C. 830) is amended by adding at the end the 
        following subsections:
    ``(d) Scheduled Listed Chemicals; Restrictions on Sales Quantity; 
Requirements Regarding Nonliquid Forms.--With respect to ephedrine 
base, pseudoephedrine base, or phenylpropanolamine base in a scheduled 
listed chemical product--
            ``(1) the quantity of such base sold at retail in such a 
        product by a regulated seller, or a distributor required to 
        submit reports by subsection (b)(3) may not, for any purchaser, 
        exceed a daily amount of 3.6 grams, without regard to the 
        number of transactions; and
            ``(2) such a seller or distributor may not sell such a 
        product in nonliquid form (including gel caps) at retail unless 
        the product is packaged in blister packs, each blister 
        containing not more than 2 dosage units, or where the use of 
        blister packs is technically infeasible, the product is 
        packaged in unit dose packets or pouches.
    ``(e) Scheduled Listed Chemicals; Behind-the-Counter Access; 
Logbook Requirement; Training of Sales Personnel; Privacy 
Protections.--
            ``(1) Requirements regarding retail transactions.--
                    ``(A) In general.--Each regulated seller shall 
                ensure that, subject to subparagraph (F), sales by such 
                seller of a scheduled listed chemical product at retail 
                are made in accordance with the following:
                            ``(i) In offering the product for sale, the 
                        seller places the product such that customers 
                        do not have direct access to the product before 
                        the sale is made (in this paragraph referred to 
                        as `behind-the-counter' placement). For 
                        purposes of this paragraph, a behind-the-
                        counter placement of a product includes 
                        circumstances in which the product is stored in 
                        a locked cabinet that is located in an area of 
                        the facility involved to which customers do 
                        have direct access.
                            ``(ii) The seller delivers the product 
                        directly into the custody of the purchaser.
                            ``(iii) The seller maintains, in accordance 
                        with criteria issued by the Attorney General, a 
                        written or electronic list of such sales that 
                        identifies the products by name, the quantity 
                        sold, the names and addresses of purchasers, 
                        and the dates and times of the sales (which 
                        list is referred to in this subsection as the 
                        `logbook'), except that such requirement does 
                        not apply to any purchase by an individual of a 
                        single sales package if that package contains 
                        not more than 60 milligrams of pseudoephedrine.
                            ``(iv) In the case of a sale to which the 
                        requirement of clause (iii) applies, the seller 
                        does not sell such a product unless--
                                    ``(I) the prospective purchaser--
                                            ``(aa) presents an 
                                        identification card that 
                                        provides a photograph and is 
                                        issued by a State or the 
                                        Federal Government, or a 
                                        document that, with respect to 
                                        identification, is considered 
                                        acceptable for purposes of 
                                        sections 274a.2(b)(1)(v)(A) and 
                                        274a.2(b)(1)(v)(B) of title 8, 
                                        Code of Federal Regulations (as 
                                        in effect on or after the date 
                                        of the enactment of the Combat 
                                        Methamphetamine Epidemic Act of 
                                        2005); and
                                            ``(bb) signs the logbook 
                                        and enters in the logbook his 
                                        or her name, address, and the 
                                        date and time of the sale; and
                                    ``(II) the seller--
                                            ``(aa) determines that the 
                                        name entered in the logbook 
                                        corresponds to the name 
                                        provided on such identification 
                                        and that the date and time 
                                        entered are correct; and
                                            ``(bb) enters in the 
                                        logbook the name of the product 
                                        and the quantity sold.
                            ``(v) The logbook includes, in accordance 
                        with criteria of the Attorney General, a notice 
                        to purchasers that entering false statements or 
                        misrepresentations in the logbook may subject 
                        the purchasers to criminal penalties under 
                        section 1001 of title 18, United States Code, 
                        which notice specifies the maximum fine and 
                        term of imprisonment under such section.
                            ``(vi) The seller maintains each entry in 
                        the logbook for not fewer than two years after 
                        the date on which the entry is made.
                            ``(vii) In the case of individuals who are 
                        responsible for delivering such products into 
                        the custody of purchasers or who deal directly 
                        with purchasers by obtaining payments for the 
                        products, the seller has submitted to the 
                        Attorney General a self-certification that all 
                        such individuals have, in accordance with 
                        criteria under subparagraph (B)(ii), undergone 
                        training provided by the seller to ensure that 
                        the individuals understand the requirements 
                        that apply under this subsection and subsection 
                        (d).
                            ``(viii) The seller maintains a copy of 
                        such certification and records demonstrating 
                        that individuals referred to in clause (vii) 
                        have undergone the training.
                            ``(ix) If the seller is a mobile retail 
                        vendor:
                                    ``(I) The seller complies with 
                                clause (i) by placing the product in a 
                                locked cabinet.
                                    ``(II) The seller does not sell 
                                more than 7.5 grams of ephedrine base, 
                                pseudoephedrine base, or 
                                phenylpropanolamine base in such 
                                products per customer during a 30-day 
                                period.
                    ``(B) Additional provisions regarding 
                certifications and training.--
                            ``(i) In general.--A regulated seller may 
                        not sell any scheduled listed chemical product 
                        at retail unless the seller has submitted to 
                        the Attorney General the self-certification 
                        referred to in subparagraph (A)(vii). The 
                        certification is not effective for purposes of 
                        the preceding sentence unless, in addition to 
                        provisions regarding the training of 
                        individuals referred to in such subparagraph, 
                        the certification includes a statement that the 
                        seller understands each of the requirements 
                        that apply under this paragraph and under 
                        subsection (d) and agrees to comply with the 
                        requirements.
                            ``(ii) Issuance of criteria; self-
                        certification.--The Attorney General shall by 
                        regulation establish criteria for 
                        certifications under this paragraph. The 
                        criteria shall--
                                    ``(I) provide that the 
                                certifications are self-certifications 
                                provided through the program under 
                                clause (iii);
                                    ``(II) provide that a separate 
                                certification is required for each 
                                place of business at which a regulated 
                                seller sells scheduled listed chemical 
                                products at retail; and
                                    ``(III) include criteria for 
                                training under subparagraph (A)(vii).
                            ``(iii) Program for regulated sellers.--The 
                        Attorney General shall establish a program 
                        regarding such certifications and training in 
                        accordance with the following:
                                    ``(I) The program shall be carried 
                                out through an Internet site of the 
                                Department of Justice and such other 
                                means as the Attorney General 
                                determines to be appropriate.
                                    ``(II) The program shall inform 
                                regulated sellers that section 1001 of 
                                title 18, United States Code, applies 
                                to such certifications.
                                    ``(III) The program shall make 
                                available to such sellers an 
                                explanation of the criteria under 
                                clause (ii).
                                    ``(IV) The program shall be 
                                designed to permit the submission of 
                                the certifications through such 
                                Internet site.
                                    ``(V) The program shall be designed 
                                to automatically provide the 
                                explanation referred to in subclause 
                                (III), and an acknowledgement that the 
                                Department has received a 
                                certification, without requiring direct 
                                interactions of regulated sellers with 
                                staff of the Department (other than the 
                                provision of technical assistance, as 
                                appropriate).
                            ``(iv) Availability of certification to 
                        state and local officials.--Promptly after 
                        receiving a certification under subparagraph 
                        (A)(vii), the Attorney General shall make 
                        available a copy of the certification to the 
                        appropriate State and local officials.
                    ``(C) Privacy protections.--In order to protect the 
                privacy of individuals who purchase scheduled listed 
                chemical products, the Attorney General shall by 
                regulation establish restrictions on disclosure of 
                information in logbooks under subparagraph (A)(iii). 
                Such regulations shall--
                            ``(i) provide for the disclosure of the 
                        information as appropriate to the Attorney 
                        General and to State and local law enforcement 
                        agencies; and
                            ``(ii) prohibit accessing, using, or 
                        sharing information in the logbooks for any 
                        purpose other than to ensure compliance with 
                        this title or to facilitate a product recall to 
                        protect public health and safety.
                    ``(D) False statements or misrepresentations by 
                purchasers.--For purposes of section 1001 of title 18, 
                United States Code, entering information in the logbook 
                under subparagraph (A)(iii) shall be considered a 
                matter within the jurisdiction of the executive, 
                legislative, or judicial branch of the Government of 
                the United States.
                    ``(E) Good faith protection.--A regulated seller 
                who in good faith releases information in a logbook 
                under subparagraph (A)(iii) to Federal, State, or local 
                law enforcement authorities is immune from civil 
                liability for such release unless the release 
                constitutes gross negligence or intentional, wanton, or 
                willful misconduct.
                    ``(F) Inapplicability of requirements to certain 
                sales.--Subparagraph (A) does not apply to the sale at 
                retail of a scheduled listed chemical product if a 
                report on the sales transaction is required to be 
                submitted to the Attorney General under subsection 
                (b)(3).
                    ``(G) Certain measures regarding theft and 
                diversion.--A regulated seller may take reasonable 
                measures to guard against employing individuals who may 
                present a risk with respect to the theft and diversion 
                of scheduled listed chemical products, which may 
                include, notwithstanding State law, asking applicants 
                for employment whether they have been convicted of any 
                crime involving or related to such products or 
                controlled substances.''.
            (2) Effective dates.--With respect to subsections (d) and 
        (e)(1) of section 310 of the Controlled Substances Act, as 
        added by paragraph (1) of this subsection:
                    (A) Such subsection (d) applies on and after the 
                expiration of the 30-day period beginning on the date 
                of the enactment of this Act.
                    (B) Such subsection (e)(1) applies on and after 
                September 30, 2006.
    (c) Mail-Order Reporting.--
            (1) In general.--Section 310(e) of the Controlled 
        Substances Act, as added by subsection (b)(1) of this section, 
        is amended by adding at the end the following:
            ``(2) Mail-order reporting; verification of identity of 
        purchaser; 30-day restriction on quantities for individual 
        purchasers.--Each regulated person who makes a sale at retail 
        of a scheduled listed chemical product and is required under 
        subsection (b)(3) to submit a report of the sales transaction 
        to the Attorney General is subject to the following:
                    ``(A) The person shall, prior to shipping the 
                product, confirm the identity of the purchaser in 
                accordance with procedures established by the Attorney 
                General. The Attorney General shall by regulation 
                establish such procedures.
                    ``(B) The person may not sell more than 7.5 grams 
                of ephedrine base, pseudoephedrine base, or 
                phenylpropanolamine base in such products per customer 
                during a 30-day period.''.
            (2) Inapplicability of reporting exemption for retail 
        distributors.--Section 310(b)(3)(D)(ii) of the Controlled 
        Substances Act (21 U.S.C. 830(b)(3)(D)(ii)) is amended by 
        inserting before the period the following: ``, except that this 
        clause does not apply to sales of scheduled listed chemical 
        products at retail''.
            (3) Effective date.--The amendments made by paragraphs (1) 
        and (2) apply on and after the expiration of the 30-day period 
        beginning on the date of the enactment of this Act.
    (d) Exemptions for Certain Products.--Section 310(e) of the 
Controlled Substances Act, as added and amended by subsections (b) and 
(c) of this section, respectively, is amended by adding at the end the 
following paragraph:
            ``(3) Exemptions for certain products.--Upon the 
        application of a manufacturer of a scheduled listed chemical 
        product, the Attorney General may by regulation provide that 
        the product is exempt from the provisions of subsection (d) and 
        paragraphs (1) and (2) of this subsection if the Attorney 
        General determines that the product cannot be used in the 
        illicit manufacture of methamphetamine.''.
    (e) Restrictions on Quantity Purchased During 30-Day Period.--
            (1) In general.--Section 404(a) of the Controlled 
        Substances Act (21 U.S.C. 844(a)) is amended by inserting after 
        the second sentence the following: ``It shall be unlawful for 
        any person to knowingly or intentionally purchase at retail 
        during a 30 day period more than 9 grams of ephedrine base, 
        pseudoephedrine base, or phenylpropanolamine base in a 
        scheduled listed chemical product, except that, of such 9 
        grams, not more than 7.5 grams may be imported by means of 
        shipping through any private or commercial carrier or the 
        Postal Service.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        applies on and after the expiration of the 30-day period 
        beginning on the date of the enactment .
    (f) Enforcement of Requirements for Retail Sales.--
            (1) Civil and criminal penalties.--
                    (A) In general.--Section 402(a) of the Controlled 
                Substances Act (21 U.S.C. 842(a)) is amended--
                            (i) in paragraph (10), by striking ``or'' 
                        after the semicolon;
                            (ii) in paragraph (11), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (iii) by inserting after paragraph (11) the 
                        following paragraphs:
            ``(12) who is a regulated seller, or a distributor required 
        to submit reports under subsection (b)(3) of section 310--
                    ``(A) to sell at retail a scheduled listed chemical 
                product in violation of paragraph (1) of subsection (d) 
                of such section, knowing at the time of the transaction 
                involved (independent of consulting the logbook under 
                subsection (e)(1)(A)(iii) of such section) that the 
                transaction is a violation; or
                    ``(B) to knowingly or recklessly sell at retail 
                such a product in violation of paragraph (2) of such 
                subsection (d);
            ``(13) who is a regulated seller to knowingly or recklessly 
        sell at retail a scheduled listed chemical product in violation 
        of subsection (e) of such section; or
            ``(14) who is a regulated seller or an employee or agent of 
        such seller to disclose, in violation of regulations under 
        subparagraph (C) of section 310(e)(1), information in logbooks 
        under subparagraph (A)(iii) of such section, or to refuse to 
        provide such a logbook to Federal, State, or local law 
        enforcement authorities.''.
                    (B) Conforming amendment.--Section 401(f)(1) of the 
                Controlled Substances Act (21 U.S.C. 841(f)(1)) is 
                amended by inserting after ``shall'' the following: ``, 
                except to the extent that paragraph (12), (13), or (14) 
                of section 402(a) applies,''.
            (2) Authority to prohibit sales by violators.--Section 
        402(c) of the Controlled Substances Act (21 U.S.C. 842(c)) is 
        amended by adding at the end the following paragraph:
    ``(4)(A) If a regulated seller, or a distributor required to submit 
reports under section 310(b)(3), violates paragraph (12) of subsection 
(a) of this section, or if a regulated seller violates paragraph (13) 
of such subsection, the Attorney General may by order prohibit such 
seller or distributor (as the case may be) from selling any scheduled 
listed chemical product. Any sale of such a product in violation of 
such an order is subject to the same penalties as apply under paragraph 
(2).
    ``(B) An order under subparagraph (A) may be imposed only through 
the same procedures as apply under section 304(c) for an order to show 
cause.''.
    (g) Preservation of State Authority to Regulate Scheduled Listed 
Chemicals.--This section and the amendments made by this section may 
not be construed as having any legal effect on section 708 of the 
Controlled Substances Act as applied to the regulation of scheduled 
listed chemicals (as defined in section 102(45) of such Act).

SEC. 212. REGULATED TRANSACTIONS.

    (a) Conforming Amendments Regarding Scheduled Listed Chemicals.--
The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended--
            (1) in section 102--
                    (A) in paragraph (39)(A)--
                            (i) by amending clause (iv) to read as 
                        follows:
                    ``(iv) any transaction in a listed chemical that is 
                contained in a drug that may be marketed or distributed 
                lawfully in the United States under the Federal Food, 
                Drug, and Cosmetic Act, subject to clause (v), unless--
                            ``(I) the Attorney General has determined 
                        under section 204 that the drug or group of 
                        drugs is being diverted to obtain the listed 
                        chemical for use in the illicit production of a 
                        controlled substance; and
                            ``(II) the quantity of the listed chemical 
                        contained in the drug included in the 
                        transaction or multiple transactions equals or 
                        exceeds the threshold established for that 
                        chemical by the Attorney General;'';
                            (ii) by redesignating clause (v) as clause 
                        (vi); and
                            (iii) by inserting after clause (iv) the 
                        following clause:
                    ``(v) any transaction in a scheduled listed 
                chemical product that is a sale at retail by a 
                regulated seller or a distributor required to submit 
                reports under section 310(b)(3); or''; and
                    (B) by striking the paragraph (45) that relates to 
                the term ``ordinary over-the-counter pseudoephedrine or 
                phenylpropanolamine product'';
            (2) in section 204, by striking subsection (e); and
            (3) in section 303(h), in the second sentence, by striking 
        ``section 102(39)(A)(iv)'' and inserting ``clause (iv) or (v) 
        of section 102(39)(A)''.
    (b) Public Law 104-237.--Section 401 of the Comprehensive 
Methamphetamine Control Act of 1996 (21 U.S.C. 802 note) (Public Law 
104-237) is amended by striking subsections (d), (e), and (f).

SEC. 213. AUTHORITY TO ESTABLISH PRODUCTION QUOTAS.

    Section 306 of the Controlled Substances Act (21 U.S.C. 826) is 
amended--
            (1) in subsection (a), by inserting ``and for ephedrine, 
        pseudoephedrine, and phenylpropanolamine'' after ``for each 
        basic class of controlled substance in schedules I and II'';
            (2) in subsection (b), by inserting ``or for ephedrine, 
        pseudoephedrine, or phenylpropanolamine'' after ``for each 
        basic class of controlled substance in schedule I or II'';
            (3) in subsection (c), in the first sentence, by inserting 
        ``and for ephedrine, pseudoephedrine, and phenylpropanolamine'' 
        after ``for the basic classes of controlled substances in 
        schedules I and II'';
            (4) in subsection (d), by inserting ``or ephedrine, 
        pseudoephedrine, or phenylpropanolamine'' after ``that basic 
        class of controlled substance'';
            (5) in subsection (e), by inserting ``or for ephedrine, 
        pseudoephedrine, or phenylpropanolamine'' after ``for a basic 
        class of controlled substance in schedule I or II'';
            (6) in subsection (f)--
                    (A) by inserting ``or ephedrine, pseudoephedrine, 
                or phenylpropanolamine'' after ``controlled substances 
                in schedules I and II'';
                    (B) by inserting ``or of ephedrine, 
                pseudoephedrine, or phenylpropanolamine'' after ``the 
                manufacture of a controlled substance''; and
                    (C) by inserting ``or chemicals'' after ``such 
                incidentally produced substances''; and
            (7) by adding at the end the following subsection:
    ``(g) Each reference in this section to ephedrine, pseudoephedrine, 
or phenylpropanolamine includes each of the salts, optical isomers, and 
salts of optical isomers of such chemical.''.

SEC. 214. PENALTIES; AUTHORITY FOR MANUFACTURING; QUOTA.

    Section 402(b) of the Controlled Substances Act (21 U.S.C. 842(b)) 
is amended by inserting after ``manufacture a controlled substance in 
schedule I or II'' the following: ``, or ephedrine, pseudoephedrine, or 
phenylpropanolamine or any of the salts, optical isomers, or salts of 
optical isomers of such chemical,''

SEC. 215. RESTRICTIONS ON IMPORTATION; AUTHORITY TO PERMIT IMPORTS FOR 
              MEDICAL, SCIENTIFIC, OR OTHER LEGITIMATE PURPOSES.

    Section 1002 of the Controlled Substances Import and Export Act (21 
U.S.C. 952) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``or ephedrine, pseudoephedrine, or 
                phenylpropanolamine,'' after ``schedule III, IV, or V 
                of title II,''; and
                    (B) in paragraph (1), by inserting ``, and of 
                ephedrine, pseudoephedrine, and phenylpropanolamine, '' 
                after ``coca leaves''; and
            (2) by adding at the end the following subsections:
    ``(d)(1) With respect to a registrant under section 1008 who is 
authorized under subsection (a)(1) to import ephedrine, 
pseudoephedrine, or phenylpropanolamine, at any time during the year 
the registrant may apply for an increase in the amount of such chemical 
that the registrant is authorized to import, and the Attorney General 
may approve the application if the Attorney General determines that the 
approval is necessary to provide for medical, scientific, or other 
legitimate purposes regarding the chemical.
    ``(2) With respect to the application under paragraph (1):
            ``(A) Not later than 60 days after receiving the 
        application, the Attorney General shall approve or deny the 
        application.
            ``(B) In approving the application, the Attorney General 
        shall specify the period of time for which the approval is in 
        effect, or shall provide that the approval is effective until 
        the registrant involved is notified in writing by the Attorney 
        General that the approval is terminated.
            ``(C) If the Attorney General does not approve or deny the 
        application before the expiration of the 60-day period under 
        subparagraph (A), the application is deemed to be approved, and 
        such approval remains in effect until the Attorney General 
        notifies the registrant in writing that the approval is 
        terminated.
    ``(e) Each reference in this section to ephedrine, pseudoephedrine, 
or phenylpropanolamine includes each of the salts, optical isomers, and 
salts of optical isomers of such chemical.''.

SEC. 216. NOTICE OF IMPORTATION OR EXPORTATION; APPROVAL OF SALE OR 
              TRANSFER BY IMPORTER OR EXPORTER.

    (a) In General.--Section 1018 of the Controlled Substances Import 
and Export Act (21 U.S.C. 971) is amended--
            (1) in subsection (b)(1), in the first sentence, by 
        striking ``or to an importation by a regular importer'' and 
        inserting ``or to a transaction that is an importation by a 
        regular importer'';
            (2) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively;
            (3) by inserting after subsection (c) the following 
        subsection:
    ``(d)(1)(A) Information provided in a notice under subsection (a) 
or (b) shall include the name of the person to whom the importer or 
exporter involved intends to transfer the listed chemical involved, and 
the quantity of such chemical to be transferred.
    ``(B) In the case of a notice under subsection (b) submitted by a 
regular importer, if the transferee identified in the notice is not a 
regular customer, such importer may not transfer the listed chemical 
until after the expiration of the 15-day period beginning on the date 
on which the notice is submitted to the Attorney General.
    ``(C) After a notice under subsection (a) or (b) is submitted to 
the Attorney General, if circumstances change and the importer or 
exporter will not be transferring the listed chemical to the transferee 
identified in the notice, or will be transferring a greater quantity of 
the chemical than specified in the notice, the importer or exporter 
shall update the notice to identify the most recent prospective 
transferee or the most recent quantity or both (as the case may be) and 
may not transfer the listed chemical until after the expiration of the 
15-day period beginning on the date on which the update is submitted to 
the Attorney General, except that such 15-day restriction does not 
apply if the prospective transferee identified in the update is a 
regular customer. The preceding sentence applies with respect to 
changing circumstances regarding a transferee or quantity identified in 
an update to the same extent and in the same manner as such sentence 
applies with respect to changing circumstances regarding a transferee 
or quantity identified in the original notice under subsection (a) or 
(b).
    ``(D) In the case of a transfer of a listed chemical that is 
subject to a 15-day restriction under subparagraph (B) or (C), the 
transferee involved shall, upon the expiration of the 15-day period, be 
considered to qualify as a regular customer, unless the Attorney 
General otherwise notifies the importer or exporter involved in 
writing.
    ``(2) With respect to a transfer of a listed chemical with which a 
notice or update referred to in paragraph (1) is concerned:
            ``(A) The Attorney General, in accordance with the same 
        procedures as apply under subsection (c)(2)--
                    ``(i) may order the suspension of the transfer of 
                the listed chemical by the importer or exporter 
                involved, except for a transfer to a regular customer, 
                on the ground that the chemical may be diverted to the 
                clandestine manufacture of a controlled substance 
                (without regard to the form of the chemical that may be 
                diverted, including the diversion of a finished drug 
                product to be manufactured from bulk chemicals to be 
                transferred), subject to the Attorney General ordering 
                such suspension before the expiration of the 15-day 
                period referred to in paragraph (1) with respect to the 
                importation or exportation (in any case in which such a 
                period applies); and
                    ``(ii) may, for purposes of clause (i) and 
                paragraph (1), disqualify a regular customer on such 
                ground.
            ``(B) From and after the time when the Attorney General 
        provides written notice of the order under subparagraph (A) 
        (including a statement of the legal and factual basis for the 
        order) to the importer or exporter, the importer or exporter 
        may not carry out the transfer.
    ``(3) For purposes of this subsection:
            ``(A) The terms `importer' and `exporter' mean a regulated 
        person who imports or exports a listed chemical, respectively.
            ``(B) The term `transfer', with respect to a listed 
        chemical, includes the sale of the chemical.
            ``(C) The term `transferee' means a person to whom an 
        importer or exporter transfers a listed chemical.''; and
            (4) by adding at the end the following subsection:
    ``(g) Within 30 days after a transaction covered by this section is 
completed, the importer or exporter shall send the Attorney General a 
return declaration containing particulars of the transaction, including 
the date, quantity, chemical, container, name of transferees, and such 
other information as the Attorney General may specify in regulations. 
For importers, a single return declaration may include the particulars 
of both the importation and distribution. If the importer has not 
distributed all chemicals imported by the end of the initial 30-day 
period, the importer shall file supplemental return declarations no 
later than 30 days from the date of any further distribution, until the 
distribution or other disposition of all chemicals imported pursuant to 
the import notification or any update are accounted for.''.
    (b) Conforming Amendments.--
            (1) Controlled substances import and export act.--The 
        Controlled Substances Import and Export Act (21 U.S.C. 951 et 
        seq.) is amended--
                    (A) in section 1010(d)(5), by striking ``section 
                1018(e)(2) or (3)'' and inserting ``paragraph (2) or 
                (3) of section 1018(f)''; and
                    (B) in section 1018(c)(1), in the first sentence, 
                by inserting before the period the following: 
                ``(without regard to the form of the chemical that may 
                be diverted, including the diversion of a finished drug 
                product to be manufactured from bulk chemicals to be 
                transferred)''.
            (2) Controlled substances act.--Section 310(b)(3)(D)(v) of 
        the Controlled Substances Act (21 U.S.C. 830(b)(3)(D)(v)) is 
        amended by striking ``section 1018(e)(2)'' and inserting 
        ``section 1018(f)(2)''.

SEC. 217. ENFORCEMENT OF RESTRICTIONS ON IMPORTATION AND OF REQUIREMENT 
              OF NOTICE OF TRANSFER.

    Section 1010(d)(6) of the Controlled Substances Import and Export 
Act (21 U.S.C. 960(d)(6)) is amended to read as follows:
            ``(6) imports a listed chemical in violation of section 
        1002, imports or exports such a chemical in violation of 
        section 1007 or 1018, or transfers such a chemical in violation 
        of section 1018(d); or''.

SEC. 218. COORDINATION WITH UNITED STATES TRADE REPRESENTATIVE.

    In implementing sections 713 through 717 and section 721 of this 
title, the Attorney General shall consult with the United States Trade 
Representative to ensure implementation complies with all applicable 
international treaties and obligations of the United States.

      Subtitle B--International Regulation of Precursor Chemicals

SEC. 221. INFORMATION ON FOREIGN CHAIN OF DISTRIBUTION; IMPORT 
              RESTRICTIONS REGARDING FAILURE OF DISTRIBUTORS TO 
              COOPERATE.

    Section 1018 of the Controlled Substances Import and Export Act (21 
U.S.C. 971), as amended by section 716(a)(4) of this title, is further 
amended by adding at the end the following subsection:
    ``(h)(1) With respect to a regulated person importing ephedrine, 
pseudoephedrine, or phenylpropanolamine (referred to in this section as 
an `importer'), a notice of importation under subsection (a) or (b) 
shall include all information known to the importer on the chain of 
distribution of such chemical from the manufacturer to the importer.
    ``(2) For the purpose of preventing or responding to the diversion 
of ephedrine, pseudoephedrine, or phenylpropanolamine for use in the 
illicit production of methamphetamine, the Attorney General may, in the 
case of any person who is a manufacturer or distributor of such 
chemical in the chain of distribution referred to in paragraph (1) 
(which person is referred to in this subsection as a `foreign-chain 
distributor'), request that such distributor provide to the Attorney 
General information known to the distributor on the distribution of the 
chemical, including sales.
    ``(3) If the Attorney General determines that a foreign-chain 
distributor is refusing to cooperate with the Attorney General in 
obtaining the information referred to in paragraph (2), the Attorney 
General may, in accordance with procedures that apply under subsection 
(c), issue an order prohibiting the importation of ephedrine, 
pseudoephedrine, or phenylpropanolamine in any case in which such 
distributor is part of the chain of distribution for such chemical. Not 
later than 60 days prior to issuing the order, the Attorney General 
shall publish in the Federal Register a notice of intent to issue the 
order. During such 60-day period, imports of the chemical with respect 
to such distributor may not be restricted under this paragraph.''.

SEC. 222. REQUIREMENTS RELATING TO THE LARGEST EXPORTING AND IMPORTING 
              COUNTRIES OF CERTAIN PRECURSOR CHEMICALS.

    (a) Reporting Requirements.--Section 489(a) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2291h(a)) is amended by adding at the 
end the following new paragraph:
            ``(8) A separate section that contains the following:
                    ``(A) An identification of the five countries that 
                exported the largest amount of pseudoephedrine, 
                ephedrine, and phenylpropanolamine (including the 
                salts, optical isomers, or salts of optical isomers of 
                such chemicals, and also including any products or 
                substances containing such chemicals) during the 
                preceding calendar year.
                    ``(B) An identification of the five countries that 
                imported the largest amount of the chemicals described 
                in clause (i) during the preceding calendar year and 
                have the highest rate of diversion of such chemicals 
                for use in the illicit production of methamphetamine 
                (either in that country or in another country).
                    ``(C) An economic analysis of the total worldwide 
                production of the chemicals described in clause (i) as 
                compared to the legitimate demand for such chemicals 
                worldwide.
            ``(9) The identification of countries that imported the 
        largest amount of chemicals under subparagraph (A)(ii) shall be 
        based on the following:
                    ``(A) An economic analysis that estimates the 
                legitimate demand for such chemicals in such countries 
                as compared to the actual or estimated amount of such 
                chemicals that is imported into such countries.
                    ``(B) The best available data and other information 
                regarding the production of methamphetamine in such 
                countries and the diversion of such chemicals for use 
                in the production of methamphetamine.''.
    (b) Annual Certification Procedures.--Section 490(a) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2291j(a)) is amended--
            (1) in paragraph (1), by striking ``major illicit drug 
        producing country or major drug-transit country'' and inserting 
        ``major illicit drug producing country, major drug-transit 
        country, or country identified pursuant to clause (i) or (ii) 
        of section 489(a)(8)(A) of this Act''; and
            (2) in paragraph (2), by inserting after ``(as determined 
        under subsection (h))'' the following: ``or country identified 
        pursuant to clause (i) or (ii) of section 489(a)(8)(A) of this 
        Act''.
    (c) Conforming Amendment.--Section 706 of the Foreign Relations 
Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j-1) is amended in 
paragraph (5) by adding at the end the following:
            ``(C) Nothing in this section shall affect the requirements 
        of section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2291j) with respect to countries identified pursuant to section 
        clause (i) or (ii) of 489(a)(8)(A) of the Foreign Assistance 
        Act of 1961.''.
    (d) Plan to Address Diversion of Precursor Chemicals.--In the case 
of each country identified pursuant to clause (i) or (ii) of section 
489(a)(8)(A) of the Foreign Assistance Act of 1961 (as added by 
subsection (a)) with respect to which the President has not transmitted 
to Congress a certification under section 490(b) of such Act (22 U.S.C. 
2291j(b)), the Secretary of State, in consultation with the Attorney 
General, shall, not later than 180 days after the date on which the 
President transmits the report required by section 489(a) of such Act 
(22 U.S.C. 2291h(a)), submit to Congress a comprehensive plan to 
address the diversion of the chemicals described in section 
489(a)(8)(A)(i) of such Act to the illicit production of 
methamphetamine in such country or in another country, including the 
establishment, expansion, and enhancement of regulatory, law 
enforcement, and other investigative efforts to prevent such diversion.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of State to carry out this section 
$1,000,000 for each of the fiscal years 2006 and 2007.

SEC. 223. PREVENTION OF SMUGGLING OF METHAMPHETAMINE INTO THE UNITED 
              STATES FROM MEXICO.

    (a) In General.--The Secretary of State, acting through the 
Assistant Secretary of the Bureau for International Narcotics and Law 
Enforcement Affairs, shall take such actions as are necessary to 
prevent the smuggling of methamphetamine into the United States from 
Mexico.
    (b) Specific Actions.--In carrying out subsection (a), the 
Secretary shall--
            (1) improve bilateral efforts at the United States-Mexico 
        border to prevent the smuggling of methamphetamine into the 
        United States from Mexico;
            (2) seek to work with Mexican law enforcement authorities 
        to improve the ability of such authorities to combat the 
        production and trafficking of methamphetamine, including by 
        providing equipment and technical assistance, as appropriate; 
        and
            (3) encourage the Government of Mexico to take immediate 
        action to reduce the diversion of pseudoephedrine by drug 
        trafficking organizations for the production and trafficking of 
        methamphetamine.
    (c) Report.--Not later than one year after the date of the 
enactment of this Act, and annually thereafter, the Secretary shall 
submit to the appropriate congressional committees a report on the 
implementation of this section for the prior year.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $4,000,000 for 
each of the fiscal years 2006 and 2007.

Subtitle C--Enhanced Criminal Penalties for Methamphetamine Production 
                            and Trafficking

SEC. 231. SMUGGLING METHAMPHETAMINE OR METHAMPHETAMINE PRECURSOR 
              CHEMICALS INTO THE UNITED STATES WHILE USING FACILITATED 
              ENTRY PROGRAMS.

    (a) Enhanced Prison Sentence.--The sentence of imprisonment imposed 
on a person convicted of an offense under the Controlled Substances Act 
(21 U.S.C. 801 et seq.) or the Controlled Substances Import and Export 
Act (21 U.S.C. 951 et seq.), involving methamphetamine or any listed 
chemical that is defined in section 102(33) of the Controlled 
Substances Act (21 U.S.C. 802(33), shall, if the offense is committed 
under the circumstance described in subsection (b), be increased by a 
consecutive term of imprisonment of not more than 15 years.
    (b) Circumstances.--For purposes of subsection (a), the 
circumstance described in this subsection is that the offense described 
in subsection (a) was committed by a person who--
            (1) was enrolled in, or who was acting on behalf of any 
        person or entity enrolled in, any dedicated commuter lane, 
        alternative or accelerated inspection system, or other 
        facilitated entry program administered or approved by the 
        Federal Government for use in entering the United States; and
            (2) committed the offense while entering the United States, 
        using such lane, system, or program.
    (c) Permanent Ineligibility.--Any person whose term of imprisonment 
is increased under subsection (a) shall be permanently and irrevocably 
barred from being eligible for or using any lane, system, or program 
described in subsection (b)(1).

SEC. 232. MANUFACTURING CONTROLLED SUBSTANCES ON FEDERAL PROPERTY.

    Subsection (b) of section 401 of the Controlled Substances Act (21 
U.S.C. 841(b)) is amended in paragraph (5) by inserting ``or 
manufacturing'' after ``cultivating''.

SEC. 233. INCREASED PUNISHMENT FOR METHAMPHETAMINE KINGPINS.

    Section 408 of the Controlled Substances Act (21 U.S.C. 848) is 
amended by adding at the end the following:
    ``(s) Special Provision for Methamphetamine.--For the purposes of 
subsection (b), in the case of continuing criminal enterprise involving 
methamphetamine or its salts, isomers, or salts of isomers, paragraph 
(2)(A) shall be applied by substituting `200' for `300', and paragraph 
(2)(B) shall be applied by substituting `$5,000,000' for `$10 million 
dollars'.''.

SEC. 234. NEW CHILD-PROTECTION CRIMINAL ENHANCEMENT.

    (a) In General.--The Controlled Substances Act is amended by 
inserting after section 419 (21 U.S.C. 860) the following:

``consecutive sentence for manufacturing or distributing, or possessing 
 with intent to manufacture or distribute, methamphetamine on premises 
                  where children are present or reside

    ``Sec. 419. Whoever violates section 401(a)(1) by manufacturing or 
distributing, or possessing with intent to manufacture or distribute, 
methamphetamine or its salts, isomers or salts of isomers on premises 
in which an individual who is under the age of 18 years is present or 
resides, shall, in addition to any other sentence imposed, be 
imprisoned for a period of any term of years but not more than 20 
years, subject to a fine, or both.''.
    (b) Clerical Amendment.--The table of contents of the Comprehensive 
Drug Abuse Prevention and Control Act of 1970 is amended by inserting 
after the item relating to section 419 the following new item:

``Sec. 419a. Consecutive sentence for manufacturing or distributing, or 
                            possessing with intent to manufacture or 
                            distribute, methamphetamine on premises 
                            where children are present or reside.''.

SEC. 235. AMENDMENTS TO CERTAIN SENTENCING COURT REPORTING 
              REQUIREMENTS.

    Section 994(w) of title 28, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``, in a format approved and 
                required by the Commission,'' after ``submits to the 
                Commission'';
                    (B) in subparagraph (B)--
                            (i) by inserting ``written'' before 
                        ``statement of reasons''; and
                            (ii) by inserting ``and which shall be 
                        stated on the written statement of reasons form 
                        issued by the Judicial Conference and approved 
                        by the United States Sentencing Commission'' 
                        after ``applicable guideline range''; and
                    (C) by adding at the end the following:
``The information referred to in subparagraphs (A) through (F) shall be 
submitted by the sentencing court in a format approved and required by 
the Commission.''; and
            (2) in paragraph (4), by striking ``may assemble or 
        maintain in electronic form that include any'' and inserting 
        ``itself may assemble or maintain in electronic form as a 
        result of the''.

SEC. 236. SEMIANNUAL REPORTS TO CONGRESS.

    (a) In General.--The Attorney General shall, on a semiannual basis, 
submit to the congressional committees and organizations specified in 
subsection (b) reports that--
            (1) describe the allocation of the resources of the Drug 
        Enforcement Administration and the Federal Bureau of 
        Investigation for the investigation and prosecution of alleged 
        violations of the Controlled Substances Act involving 
        methamphetamine; and
            (2) the measures being taken to give priority in the 
        allocation of such resources to such violations involving--
                    (A) persons alleged to have imported into the 
                United States substantial quantities of methamphetamine 
                or scheduled listed chemicals (as defined pursuant to 
                the amendment made by section 711(a)(1));
                    (B) persons alleged to have manufactured 
                methamphetamine; and
                    (C) circumstances in which the violations have 
                endangered children.
    (b) Congressional Committees.--The congressional committees and 
organizations referred to in subsection (a) are--
            (1) in the House of Representatives, the Committee on the 
        Judiciary, the Committee on Energy and Commerce, and the 
        Committee on Government Reform; and
            (2) in the Senate, the Committee on the Judiciary, the 
        Committee on Commerce, Science, and Transportation, and the 
        Caucus on International Narcotics Control.

   Subtitle D--Enhanced Environmental Regulation of Methamphetamine 
                               Byproducts

SEC. 241. BIENNIAL REPORT TO CONGRESS ON AGENCY DESIGNATIONS OF BY-
              PRODUCTS OF METHAMPHETAMINE LABORATORIES AS HAZARDOUS 
              MATERIALS.

    Section 5103 of title 49, Unites States Code, is amended by adding 
at the end the following:
    ``(d) Biennial Report.--The Secretary of Transportation shall 
submit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Senate Committee on Commerce, Science, 
and Transportation a biennial report providing information on whether 
the Secretary has designated as hazardous materials for purposes of 
chapter 51 of such title all by-products of the methamphetamine-
production process that are known by the Secretary to pose an 
unreasonable risk to health and safety or property when transported in 
commerce in a particular amount and form.''.

SEC. 242. METHAMPHETAMINE PRODUCTION REPORT.

    Section 3001 of the Solid Waste Disposal Act (42 U.S.C. 6921) is 
amended at the end by adding the following:
    ``(j) Methamphetamine Production.--Not later than every 24 months, 
the Administrator shall submit to the Committee on Energy and Commerce 
of the House of Representatives and the Committee on Environment and 
Public Works of the Senate a report setting forth information collected 
by the Administrator from law enforcement agencies, States, and other 
relevant stakeholders that identifies the byproducts of the 
methamphetamine production process and whether the Administrator 
considers each of the byproducts to be a hazardous waste pursuant to 
this section and relevant regulations.''.

SEC. 243. CLEANUP COSTS.

    (a) In General.--Section 413(q) of the Controlled Substances Act 
(21 U.S.C. 853(q)) is amended--
            (1) in the matter preceding paragraph (1), by inserting ``, 
        the possession, or the possession with intent to distribute, '' 
        after ``manufacture''; and
            (2) in paragraph (2), by inserting ``, or on premises or in 
        property that the defendant owns, resides, or does business 
        in'' after ``by the defendant''.
    (b) Savings Clause.--Nothing in this section shall be interpreted 
or construed to amend, alter, or otherwise affect the obligations, 
liabilities and other responsibilities of any person under any Federal 
or State environmental laws.

             Subtitle E--Additional Programs and Activities

SEC. 251. IMPROVEMENTS TO DEPARTMENT OF JUSTICE DRUG COURT GRANT 
              PROGRAM.

    Section 2951 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3797u) is amended by adding at the end the following 
new subsection:
    ``(c) Mandatory Drug Testing and Mandatory Sanctions.--
            ``(1) Mandatory testing.--Grant amounts under this part may 
        be used for a drug court only if the drug court has mandatory 
        periodic testing as described in subsection (a)(3)(A). The 
        Attorney General shall, by prescribing guidelines or 
        regulations, specify standards for the timing and manner of 
        complying with such requirements. The standards--
                    ``(A) shall ensure that--
                            ``(i) each participant is tested for every 
                        controlled substance that the participant has 
                        been known to abuse, and for any other 
                        controlled substance the Attorney General or 
                        the court may require; and
                            ``(ii) the testing is accurate and 
                        practicable; and
                    ``(B) may require approval of the drug testing 
                regime to ensure that adequate testing occurs.
            ``(2) Mandatory sanctions.--The Attorney General shall, by 
        prescribing guidelines or regulations, specify that grant 
        amounts under this part may be used for a drug court only if 
        the drug court imposes graduated sanctions that increase 
        punitive measures, therapeutic measures, or both whenever a 
        participant fails a drug test. Such sanctions and measures may 
        include, but are not limited to, one or more of the following:
                    ``(A) Incarceration.
                    ``(B) Detoxification treatment.
                    ``(C) Residential treatment.
                    ``(D) Increased time in program.
                    ``(E) Termination from the program.
                    ``(F) Increased drug screening requirements.
                    ``(G) Increased court appearances.
                    ``(H) Increased counseling.
                    ``(I) Increased supervision.
                    ``(J) Electronic monitoring.
                    ``(K) In-home restriction.
                    ``(L) Community service.
                    ``(M) Family counseling.
                    ``(N) Anger management classes.''.

SEC. 252. DRUG COURTS FUNDING.

    Section 1001(25)(A) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 2591(25)(A)) is amended by adding 
at the end the following:
                            ``(v) $70,000,000 for fiscal year 2006.''.

SEC. 253. FEASIBILITY STUDY ON FEDERAL DRUG COURTS.

    The Attorney General shall, conduct a feasibility study on the 
desirability of a drug court program for Federal offenders who are 
addicted to controlled substances. The Attorney General lower-level, 
non-violate report the results of that study to Congress not later than 
June 30, 2006.

SEC. 254. GRANTS TO HOT SPOT AREAS TO REDUCE AVAILABILITY OF 
              METHAMPHETAMINE.

    Title I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3711 et seq.) is amended by adding at the end the following:

             ``PART II--CONFRONTING USE OF METHAMPHETAMINE

``SEC. 2996. AUTHORITY TO MAKE GRANTS TO ADDRESS PUBLIC SAFETY AND 
              METHAMPHETAMINE MANUFACTURING, SALE, AND USE IN HOT 
              SPOTS.

    ``(a) Purpose and Program Authority.--
            ``(1) Purpose.--It is the purpose of this part to assist 
        States--
                    ``(A) to carry out programs to address the 
                manufacture, sale, and use of methamphetamine drugs; 
                and
                    ``(B) to improve the ability of State and local 
                government institutions of to carry out such programs.
            ``(2) Grant authorization.--The Attorney General, through 
        the Bureau of Justice Assistance in the Office of Justice 
        Programs may make grants to States to address the manufacture, 
        sale, and use of methamphetamine to enhance public safety.
            ``(3) Grant projects to address methamphetamine manufacture 
        sale and use.--Grants made under subsection (a) may be used for 
        programs, projects, and other activities to--
                    ``(A) investigate, arrest and prosecute individuals 
                violating laws related to the use, manufacture, or sale 
                of methamphetamine;
                    ``(B) reimburse the Drug Enforcement Administration 
                for expenses related to the clean up of methamphetamine 
                clandestine labs;
                    ``(C) support State and local health department and 
                environmental agency services deployed to address 
                methamphetamine; and
                    ``(D) procure equipment, technology, or support 
                systems, or pay for resources, if the applicant for 
                such a grant demonstrates to the satisfaction of the 
                Attorney General that expenditures for such purposes 
                would result in the reduction in the use, sale, and 
                manufacture of methamphetamine.

``SEC. 2997. FUNDING.

    ``There are authorized to be appropriated to carry out this part 
$99,000,000 for each fiscal year 2006, 2007, 2008, 2009, and 2010.''.

SEC. 255. GRANTS FOR PROGRAMS FOR DRUG-ENDANGERED CHILDREN.

    (a) In General.--The Attorney General shall make grants to States 
for the purpose of carrying out programs to provide comprehensive 
services to aid children who are living in a home in which 
methamphetamine or other controlled substances are unlawfully 
manufactured, distributed, dispensed, or used.
    (b) Certain Requirements.--The Attorney General shall ensure that 
the services carried out with grants under subsection (a) include the 
following:
            (1) Coordination among law enforcement agencies, 
        prosecutors, child protective services, social services, health 
        care services, and any other services determined to be 
        appropriate by the Attorney General to provide assistance 
        regarding the problems of children described in subsection (a).
            (2) Transition of children from toxic or drug-endangering 
        environments to appropriate residential environments.
    (c) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated $20,000,000 
for each of the fiscal years 2006 and 2007. Amounts appropriated under 
the preceding sentence shall remain available until expended.

SEC. 256. AUTHORITY TO AWARD COMPETITIVE GRANTS TO ADDRESS 
              METHAMPHETAMINE USE BY PREGNANT AND PARENTING WOMEN 
              OFFENDERS.

    (a) Purpose and Program Authority.--
            (1) Grant authorization.--The Attorney General may award 
        competitive grants to address the use of methamphetamine among 
        pregnant and parenting women offenders to promote public 
        safety, public health, family permanence and well being.
            (2) Purposes and program authority.--Grants awarded under 
        this section shall be used to facilitate or enhance and 
        collaboration between the criminal justice, child welfare, and 
        State substance abuse systems in order to carry out programs to 
        address the use of methamphetamine drugs by pregnant and 
        parenting women offenders.
    (b) Definitions.--In this section, the following definitions shall 
apply:
            (1) Child welfare agency.--The term ``child welfare 
        agency'' means the State agency responsible for child and/or 
        family services and welfare.
            (2) Criminal justice agency.--The term ``criminal justice 
        agency'' means an agency of the State or local government or 
        its contracted agency that is responsible for detection, 
        arrest, enforcement, prosecution, defense, adjudication, 
        incarceration, probation, or parole relating to the violation 
        of the criminal laws of that State or local government.
    (c) Applications.--
            (1) In general.--No grant may be awarded under this section 
        unless an application has been submitted to, and approved by, 
        the Attorney General.
            (2) Application.--An application for a grant under this 
        section shall be submitted in such form, and contain such 
        information, as the Attorney General, may prescribe by 
        regulation or guidelines.
            (3) Eligible entities.--The Attorney General shall make 
        grants to States, territories, and Indian Tribes. Applicants 
        must demonstrate extensive collaboration with the State 
        criminal justice agency and child welfare agency in the 
        planning and implementation of the program.
            (4) Contents.--In accordance with the regulations or 
        guidelines established by the Attorney General in consultation 
        with the Secretary of Health and Human Services, each 
        application for a grant under this section shall contain a plan 
        to expand the State's services for pregnant and parenting women 
        offenders who are pregnant women and/or women with dependent 
        children for the use of methamphetamine or methamphetamine and 
        other drugs and include the following in the plan:
                    (A) A description of how the applicant will work 
                jointly with the State criminal justice and child 
                welfare agencies needs associated with the use of 
                methamphetamine or methamphetamine and other drugs by 
                pregnant and parenting women offenders to promote 
                family stability and permanence.
                    (B) A description of the nature and the extent of 
                the problem of methamphetamine use by pregnant and 
                parenting women offenders.
                    (C) A certification that the State has involved 
                counties and other units of local government, when 
                appropriate, in the development, expansion, 
                modification, operation or improvement of proposed 
                programs to address the use, manufacture, or sale of 
                methamphetamine.
                    (D) A certification that funds received under this 
                section will be used to supplement, not supplant, other 
                Federal, State, and local funds.
                    (E) A description of clinically appropriate 
                practices and procedures to--
                            (i) screen and assess pregnant and 
                        parenting women offenders for addiction to 
                        methamphetamine and other drugs;
                            (ii) when clinically appropriate for both 
                        the women and children, provide family 
                        treatment for pregnant and parenting women 
                        offenders, with clinically appropriate services 
                        in the same location to promote family 
                        permanence and self sufficiency; and
                            (iii) provide for a process to enhance or 
                        ensure the abilities of the child welfare 
                        agency, criminal justice agency and State 
                        substance agency to work together to re-unite 
                        families when appropriate in the case where 
                        family treatment is not provided.
    (d) Period of Grant.--The grant shall be a three-year grant. 
Successful applicants may reapply for only one additional three-year 
funding cycle and the Attorney General may approve such applications.
    (e) Performance Accountability; Reports and Evaluations.--
            (1) Reports.--Successful applicants shall submit to the 
        Attorney General a report on the activities carried out under 
        the grant at the end of each fiscal year.
            (2) Evaluations.--Not later than 12 months at the end of 
        the 3 year funding cycle under this section, the Attorney 
        General shall submit a report to the appropriate committees of 
        jurisdiction that summarizes the results of the evaluations 
        conducted by recipients and recommendations for further 
        legislative action.

     TITLE III--REDUCING CRIME AND TERRORISM AT AMERICA'S SEAPORTS

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Reducing Crime and Terrorism at 
America's Seaports Act of 2005''.

SEC. 302. ENTRY BY FALSE PRETENSES TO ANY SEAPORT.

    (a) In General.--Section 1036 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``or'' at the 
                end;
                    (B) by redesignating paragraph (3) as paragraph 
                (4); and
                    (C) by inserting after paragraph (2) the following:
            ``(3) any secure or restricted area of any seaport, 
        designated as secure in an approved security plan, as required 
        under section 70103 of title 46, United States Code, and the 
        rules and regulations promulgated under that section; or'';
            (2) in subsection (b)(1), by striking ``5 years'' and 
        inserting ``10 years'';
            (3) in subsection (c)(1), by inserting ``, captain of the 
        seaport,'' after ``airport authority''; and
            (4) by striking the section heading and inserting the 
        following:
``Sec. 1036. Entry by false pretenses to any real property, vessel, or 
              aircraft of the United States or secure area of any 
              airport or seaport''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 47 of title 18 is amended by striking the matter relating to 
section 1036 and inserting the following:

``1036. Entry by false pretenses to any real property, vessel, or 
                            aircraft of the United States or secure 
                            area of any airport or seaport.''.
    (c) Definition of Seaport.--Chapter 1 of title 18, United States 
Code, is amended by adding at the end the following:
``Sec. 26. Definition of seaport
    ``As used in this title, the term `seaport' means all piers, 
wharves, docks, and similar structures, adjacent to any waters subject 
to the jurisdiction of the United States, to which a vessel may be 
secured, including areas of land, water, or land and water under and in 
immediate proximity to such structures, buildings on or contiguous to 
such structures, and the equipment and materials on such structures or 
in such buildings.''.
    (d) Technical and Conforming Amendment.--The table of sections for 
chapter 1 of title 18 is amended by inserting after the matter relating 
to section 25 the following:

``26. Definition of seaport.''.

SEC. 303. CRIMINAL SANCTIONS FOR FAILURE TO HEAVE TO, OBSTRUCTION OF 
              BOARDING, OR PROVIDING FALSE INFORMATION.

    (a) Offense.--Chapter 109 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2237. Criminal sanctions for failure to heave to, obstruction of 
              boarding, or providing false information
    ``(a)(1) It shall be unlawful for the master, operator, or person 
in charge of a vessel of the United States, or a vessel subject to the 
jurisdiction of the United States, to knowingly fail to obey an order 
by an authorized Federal law enforcement officer to heave to that 
vessel.
    ``(2) It shall be unlawful for any person on board a vessel of the 
United States, or a vessel subject to the jurisdiction of the United 
States, to--
            ``(A) forcibly resist, oppose, prevent, impede, intimidate, 
        or interfere with a boarding or other law enforcement action 
        authorized by any Federal law or to resist a lawful arrest; or
            ``(B) provide materially false information to a Federal law 
        enforcement officer during a boarding of a vessel regarding the 
        vessel's destination, origin, ownership, registration, 
        nationality, cargo, or crew.
    ``(b) Any person who intentionally violates this section shall be 
fined under this title or imprisoned for not more than 5 years, or 
both.
    ``(c) This section does not limit the authority of a customs 
officer under section 581 of the Tariff Act of 1930 (19 U.S.C. 1581), 
or any other provision of law enforced or administered by the Secretary 
of the Treasury or the Secretary of Homeland Security, or the authority 
of any Federal law enforcement officer under any law of the United 
States, to order a vessel to stop or heave to.
    ``(d) A foreign nation may consent or waive objection to the 
enforcement of United States law by the United States under this 
section by radio, telephone, or similar oral or electronic means. 
Consent or waiver may be proven by certification of the Secretary of 
State or the designee of the Secretary of State.
    ``(e) In this section--
            ``(1) the term `Federal law enforcement officer' has the 
        meaning given the term in section 115(c);
            ``(2) the term `heave to' means to cause a vessel to slow, 
        come to a stop, or adjust its course or speed to account for 
        the weather conditions and sea state to facilitate a law 
        enforcement boarding;
            ``(3) the term `vessel subject to the jurisdiction of the 
        United States' has the meaning given the term in section 2 of 
        the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903); 
        and
            ``(4) the term `vessel of the United States' has the 
        meaning given the term in section 2 of the Maritime Drug Law 
        Enforcement Act (46 U.S.C. App. 1903).''.
    (b) Conforming Amendment.--The table of sections for chapter 109, 
title 18, United States Code, is amended by inserting after the item 
for section 2236 the following:

``2237. Criminal sanctions for failure to heave to, obstruction of 
                            boarding, or providing false 
                            information.''.

SEC. 304. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST MARITIME NAVIGATION, 
              PLACEMENT OF DESTRUCTIVE DEVICES.

    (a) Placement of Destructive Devices.--Chapter 111 of title 18, 
United States Code, as amended by subsection (a), is further amended by 
adding at the end the following:
``Sec. 2282A. Devices or dangerous substances in waters of the United 
              States likely to destroy or damage ships or to interfere 
              with maritime commerce
    ``(a) A person who knowingly places, or causes to be placed, in 
navigable waters of the United States, by any means, a device or 
dangerous substance which is likely to destroy or cause damage to a 
vessel or its cargo, cause interference with the safe navigation of 
vessels, or interference with maritime commerce (such as by damaging or 
destroying marine terminals, facilities, or any other marine structure 
or entity used in maritime commerce) with the intent of causing such 
destruction or damage, interference with the safe navigation of 
vessels, or interference with maritime commerce shall be fined under 
this title or imprisoned for any term of years, or for life; or both.
    ``(b) A person who causes the death of any person by engaging in 
conduct prohibited under subsection (a) may be punished by death.
    ``(c) Nothing in this section shall be construed to apply to 
otherwise lawfully authorized and conducted activities of the United 
States Government.
    ``(d) In this section:
            ``(1) The term `dangerous substance' means any solid, 
        liquid, or gaseous material that has the capacity to cause 
        damage to a vessel or its cargo, or cause interference with the 
        safe navigation of a vessel.
            ``(2) The term `device' means any object that, because of 
        its physical, mechanical, structural, or chemical properties, 
        has the capacity to cause damage to a vessel or its cargo, or 
        cause interference with the safe navigation of a vessel.''.
            (2) Conforming amendment.--The table of sections for 
        chapter 111 of title 18, United States Code, as amended by 
        subsection (b), is further amended by adding after the item 
        related to section 2282 the following:

``2282A. Devices or dangerous substances in waters of the United States 
                            likely to destroy or damage ships or to 
                            interfere with maritime commerce.''.
    (b) Violence Against Maritime Navigation.--
            (1) In general.--Chapter 111 of title 18, United States 
        Code as amended by subsections (a) and (c), is further amended 
        by adding at the end the following:
``Sec. 2282B. Violence against aids to maritime navigation
    ``Whoever intentionally destroys, seriously damages, alters, moves, 
or tampers with any aid to maritime navigation maintained by the Saint 
Lawrence Seaway Development Corporation under the authority of section 
4 of the Act of May 13, 1954 (33 U.S.C. 984), by the Coast Guard 
pursuant to section 81 of title 14, United States Code, or lawfully 
maintained under authority granted by the Coast Guard pursuant to 
section 83 of title 14, United States Code, if such act endangers or is 
likely to endanger the safe navigation of a ship, shall be fined under 
this title or imprisoned for not more than 20 years, or both.''.
            (2) Conforming amendment.--The table of sections for 
        chapter 111 of title 18, United States Code, as amended by 
        subsections (b) and (d) is further amended by adding after the 
        item related to section 2282A the following:

``2282B. Violence against aids to maritime navigation.''.

SEC. 305. TRANSPORTATION OF DANGEROUS MATERIALS AND TERRORISTS.

    (a) Transportation of Dangerous Materials and Terrorists.--Chapter 
111 of title 18, as amended by section 305, is further amended by 
adding at the end the following:
``Sec. 2283. Transportation of explosive, biological, chemical, or 
              radioactive or nuclear materials
    ``(a) In General.--Whoever knowingly transports aboard any vessel 
within the United States and on waters subject to the jurisdiction of 
the United States or any vessel outside the United States and on the 
high seas or having United States nationality an explosive or 
incendiary device, biological agent, chemical weapon, or radioactive or 
nuclear material, knowing that any such item is intended to be used to 
commit an offense listed under section 2332b(g)(5)(B), shall be fined 
under this title or imprisoned for any term of years or for life, or 
both.
    ``(b) Causing Death.--Any person who causes the death of a person 
by engaging in conduct prohibited by subsection (a) may be punished by 
death.
    ``(c) Definitions.--In this section:
            ``(1) Biological agent.--The term `biological agent' means 
        any biological agent, toxin, or vector (as those terms are 
        defined in section 178).
            ``(2) By-product material.--The term `by-product material' 
        has the meaning given that term in section 11(e) of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2014(e)).
            ``(3) Chemical weapon.--The term `chemical weapon' has the 
        meaning given that term in section 229F(1).
            ``(4) Explosive or incendiary device.--The term `explosive 
        or incendiary device' has the meaning given the term in section 
        232(5) and includes explosive materials, as that term is 
        defined in section 841(c) and explosive as defined in section 
        844(j).
            ``(5) Nuclear material.--The term `nuclear material' has 
        the meaning given that term in section 831(f)(1).
            ``(6) Radioactive material.--The term `radioactive 
        material' means--
                    ``(A) source material and special nuclear material, 
                but does not include natural or depleted uranium;
                    ``(B) nuclear by-product material;
                    ``(C) material made radioactive by bombardment in 
                an accelerator; or
                    ``(D) all refined isotopes of radium.
            ``(7) Source material.--The term `source material' has the 
        meaning given that term in section 11(z) of the Atomic Energy 
        Act of 1954 (42 U.S.C. 2014(z)).
            ``(8) Special nuclear material.--The term `special nuclear 
        material' has the meaning given that term in section 11(aa) of 
        the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)).
``Sec. 2284. Transportation of terrorists
    ``(a) In General.--Whoever knowingly and intentionally transports 
any terrorist aboard any vessel within the United States and on waters 
subject to the jurisdiction of the United States or any vessel outside 
the United States and on the high seas or having United States 
nationality, knowing that the transported person is a terrorist, shall 
be fined under this title or imprisoned for any term of years or for 
life, or both.
    ``(b) Defined Term.--In this section, the term `terrorist' means 
any person who intends to commit, or is avoiding apprehension after 
having committed, an offense listed under section 2332b(g)(5)(B).''.
    (b) Conforming Amendment.--The table of sections for chapter 111 of 
title 18, United States Code, as amended by section 305, is further 
amended by adding at the end the following:

``2283. Transportation of explosive, chemical, biological, or 
                            radioactive or nuclear materials.
``2284. Transportation of terrorists.''.

SEC. 306. DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR MARITIME 
              FACILITIES.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 111 the following:

   ``CHAPTER 111A--DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR 
                          MARITIME FACILITIES

``Sec.
``2290. Jurisdiction and scope.
``2291. Destruction of vessel or maritime facility.
``2292. Imparting or conveying false information.
``Sec. 2290. Jurisdiction and scope
    ``(a) Jurisdiction.--There is jurisdiction, including 
extraterritorial jurisdiction, over an offense under this chapter if 
the prohibited activity takes place--
            ``(1) within the United States and within waters subject to 
        the jurisdiction of the United States; or
            ``(2) outside United States and--
                    ``(A) an offender or a victim is a national of the 
                United States (as that term is defined under section 
                101(a)(22) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(22));
                    ``(B) the activity involves a vessel in which a 
                national of the United States was on board; or
                    ``(C) the activity involves a vessel of the United 
                States (as that term is defined under section 2 of the 
                Maritime Drug Law Enforcement Act (46 U.S.C. App. 
                1903).
    ``(b) Scope.--Nothing in this chapter shall apply to otherwise 
lawful activities carried out by or at the direction of the United 
States Government.
``Sec. 2291. Destruction of vessel or maritime facility
    ``(a) Offense.--Whoever knowingly--
            ``(1) sets fire to, damages, destroys, disables, or wrecks 
        any vessel;
            ``(2) places or causes to be placed a destructive device, 
        as defined in section 921(a)(4), destructive substance, as 
        defined in section 31(a)(3), or an explosive, as defined in 
        section 844(j) in, upon, or near, or otherwise makes or causes 
        to be made unworkable or unusable or hazardous to work or use, 
        any vessel, or any part or other materials used or intended to 
        be used in connection with the operation of a vessel;
            ``(3) sets fire to, damages, destroys, or disables or 
        places a destructive device or substance in, upon, or near, any 
        maritime facility, including any aid to navigation, lock, 
        canal, or vessel traffic service facility or equipment;
            ``(4) interferes by force or violence with the operation of 
        any maritime facility, including any aid to navigation, lock, 
        canal, or vessel traffic service facility or equipment, if such 
        action is likely to endanger the safety of any vessel in 
        navigation;
            ``(5) sets fire to, damages, destroys, or disables or 
        places a destructive device or substance in, upon, or near, any 
        appliance, structure, property, machine, or apparatus, or any 
        facility or other material used, or intended to be used, in 
        connection with the operation, maintenance, loading, unloading, 
        or storage of any vessel or any passenger or cargo carried or 
        intended to be carried on any vessel;
            ``(6) performs an act of violence against or incapacitates 
        any individual on any vessel, if such act of violence or 
        incapacitation is likely to endanger the safety of the vessel 
        or those on board;
            ``(7) performs an act of violence against a person that 
        causes or is likely to cause serious bodily injury, as defined 
        in section 1365(h)(3), in, upon, or near, any appliance, 
        structure, property, machine, or apparatus, or any facility or 
        other material used, or intended to be used, in connection with 
        the operation, maintenance, loading, unloading, or storage of 
        any vessel or any passenger or cargo carried or intended to be 
        carried on any vessel;
            ``(8) communicates information, knowing the information to 
        be false and under circumstances in which such information may 
        reasonably be believed, thereby endangering the safety of any 
        vessel in navigation; or
            ``(9) attempts or conspires to do anything prohibited under 
        paragraphs (1) through (8),
shall be fined under this title or imprisoned not more than 20 years, 
or both.
    ``(b) Limitation.--Subsection (a) shall not apply to any person 
that is engaging in otherwise lawful activity, such as normal repair 
and salvage activities, and the transportation of hazardous materials 
regulated and allowed to be transported under chapter 51 of title 49.
    ``(c) Penalty.--Whoever is fined or imprisoned under subsection (a) 
as a result of an act involving a vessel that, at the time of the 
violation, carried high-level radioactive waste (as that term is 
defined in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10101(12)) or spent nuclear fuel (as that term is defined in 
section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10101(23)), shall be fined under this title, imprisoned for a term up 
to life, or both.
    ``(d) Penalty When Death Results.--Whoever is convicted of any 
crime prohibited by subsection (a) and intended to cause death by the 
prohibited conduct, if the conduct resulted in the death of any person, 
shall be subject also to the death penalty or to a term of imprisonment 
for a period up to life.
    ``(e) Threats.--Whoever knowingly and intentionally imparts or 
conveys any threat to do an act which would violate this chapter, with 
an apparent determination and will to carry the threat into execution, 
shall be fined under this title or imprisoned not more than 5 years, or 
both, and is liable for all costs incurred as a result of such threat.
``Sec. 2292. Imparting or conveying false information
    ``(a) In General.--Whoever imparts or conveys or causes to be 
imparted or conveyed false information, knowing the information to be 
false, concerning an attempt or alleged attempt being made or to be 
made, to do any act that would be a crime prohibited by this chapter or 
by chapter 111 of this title, shall be subject to a civil penalty of 
not more than $5,000, which shall be recoverable in a civil action 
brought in the name of the United States.
    ``(b) Malicious Conduct.--Whoever knowingly, intentionally, 
maliciously, or with reckless disregard for the safety of human life, 
imparts or conveys or causes to be imparted or conveyed false 
information, knowing the information to be false, concerning an attempt 
or alleged attempt to do any act which would be a crime prohibited by 
this chapter or by chapter 111 of this title, shall be fined under this 
title or imprisoned not more than 5 years.
    ``(c) Jurisdiction.--
            ``(1) In general.--Except as provided under paragraph (2), 
        section 2290(a) shall not apply to any offense under this 
        section.
            ``(2) Jurisdiction.--Jurisdiction over an offense under 
        this section shall be determined in accordance with the 
        provisions applicable to the crime prohibited by this chapter, 
        or by chapter 111 of this title, to which the imparted or 
        conveyed false information relates, as applicable.
``Sec. 2293. Bar to prosecution
    ``(a) In General.--It is a bar to prosecution under this chapter 
if--
            ``(1) the conduct in question occurred within the United 
        States in relation to a labor dispute, and such conduct is 
        prohibited as a felony under the law of the State in which it 
        was committed; or
            ``(2) such conduct is prohibited as a misdemeanor, and not 
        as a felony, under the law of the State in which it was 
        committed.
    ``(b) Definitions.--In this section:
            ``(1) Labor dispute.--The term `labor dispute' has the same 
        meaning given that term in section 13(c) of the Act to amend 
        the Judicial Code and to define and limit the jurisdiction of 
        courts sitting in equity, and for other purposes (29 U.S.C. 
        113(c), commonly known as the Norris-LaGuardia Act).
            ``(2) State.--The term `State' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.''.
    (b) Conforming Amendment.--The table of chapters at the beginning 
of title 18, United States Code, is amended by inserting after the item 
for chapter 111 the following:

``111A. Destruction of, or interference with, vessels or        2290''.
                            maritime facilities.

SEC. 307. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS OR VESSELS.

    (a) Theft of Interstate or Foreign Shipments.--Section 659 of title 
18, United States Code, is amended--
            (1) in the first undesignated paragraph--
                    (A) by inserting ``trailer,'' after 
                ``motortruck,'';
                    (B) by inserting ``air cargo container,'' after 
                ``aircraft,''; and
                    (C) by inserting ``, or from any intermodal 
                container, trailer, container freight station, 
                warehouse, or freight consolidation facility,'' after 
                ``air navigation facility'';
            (2) in the fifth undesignated paragraph, by striking ``in 
        each case'' and all that follows through ``or both'' the second 
        place it appears and inserting ``be fined under this title or 
        imprisoned not more than 10 years, or both, but if the amount 
        or value of such money, baggage, goods, or chattels is less 
        than $1,000, shall be fined under this title or imprisoned for 
        not more than 3 years, or both''; and
            (3) by inserting after the first sentence in the eighth 
        undesignated paragraph the following: ``For purposes of this 
        section, goods and chattel shall be construed to be moving as 
        an interstate or foreign shipment at all points between the 
        point of origin and the final destination (as evidenced by the 
        waybill or other shipping document of the shipment), regardless 
        of any temporary stop while awaiting transshipment or 
        otherwise.''.
    (b) Stolen Vessels.--
            (1) In general.--Section 2311 of title 18, United States 
        Code, is amended by adding at the end the following, as a new 
        undesignated paragraph: ```Vessel' means any watercraft or 
        other contrivance used or designed for transportation or 
        navigation on, under, or immediately above, water.''.
            (2) Transportation and sale of stolen vessels.--
                    (A) Transportation.--Section 2312 of title 18, 
                United States Code, is amended by striking ``motor 
                vehicle or aircraft'' and inserting ``motor vehicle, 
                vessel, or aircraft''.
                    (B) Sale.--Section 2313(a) of title 18, United 
                States Code, is amended by striking ``motor vehicle or 
                aircraft'' and inserting ``motor vehicle, vessel, or 
                aircraft''.
    (c) Review of Sentencing Guidelines.--Pursuant to section 994 of 
title 28, United States Code, the United States Sentencing Commission 
shall review the Federal Sentencing Guidelines to determine whether 
sentencing enhancement is appropriate for any offense under section 659 
or 2311 of title 18, United States Code, as amended by this title.
    (d) Annual Report of Law Enforcement Activities.--The Attorney 
General shall annually submit to Congress a report, which shall include 
an evaluation of law enforcement activities relating to the 
investigation and prosecution of offenses under section 659 of title 
18, United States Code, as amended by this title.
    (e) Reporting of Cargo Theft.--The Attorney General shall take the 
steps necessary to ensure that reports of cargo theft collected by 
Federal, State, and local officials are reflected as a separate 
category in the Uniform Crime Reporting System, or any successor 
system, by no later than December 31, 2006.

SEC. 308. STOWAWAYS ON VESSELS OR AIRCRAFT.

    Section 2199 of title 18, United States Code, is amended by 
striking ``Shall be fined under this title or imprisoned not more than 
one year, or both.'' and inserting the following:
            ``(1) shall be fined under this title, imprisoned not more 
        than 5 years, or both;
            ``(2) if the person commits an act proscribed by this 
        section, with the intent to commit serious bodily injury, and 
        serious bodily injury occurs (as defined under section 1365, 
        including any conduct that, if the conduct occurred in the 
        special maritime and territorial jurisdiction of the United 
        States, would violate section 2241 or 2242) to any person other 
        than a participant as a result of a violation of this section, 
        shall be fined under this title or imprisoned not more than 20 
        years, or both; and
            ``(3) if an individual commits an act proscribed by this 
        section, with the intent to cause death, and if the death of 
        any person other than a participant occurs as a result of a 
        violation of this section, shall be fined under this title, 
        imprisoned for any number of years or for life, or both.''.

SEC. 309. BRIBERY AFFECTING PORT SECURITY.

    (a) In General.--Chapter 11 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 226. Bribery affecting port security
    ``(a) In General.--Whoever knowingly--
            ``(1) directly or indirectly, corruptly gives, offers, or 
        promises anything of value to any public or private person, 
        with intent to commit international terrorism or domestic 
        terrorism (as those terms are defined under section 2331), to--
                    ``(A) influence any action or any person to commit 
                or aid in committing, or collude in, or allow, any 
                fraud, or make opportunity for the commission of any 
                fraud affecting any secure or restricted area or 
                seaport; or
                    ``(B) induce any official or person to do or omit 
                to do any act in violation of the lawful duty of such 
                official or person that affects any secure or 
                restricted area or seaport; or
            ``(2) directly or indirectly, corruptly demands, seeks, 
        receives, accepts, or agrees to receive or accept anything of 
        value personally or for any other person or entity in return 
        for--
                    ``(A) being influenced in the performance of any 
                official act affecting any secure or restricted area or 
                seaport; and
                    ``(B) knowing that such influence will be used to 
                commit, or plan to commit, international or domestic 
                terrorism,
shall be fined under this title or imprisoned not more than 15 years, 
or both.
    ``(b) Definition.--In this section, the term `secure or restricted 
area' means an area of a vessel or facility designated as secure in an 
approved security plan, as required under section 70103 of title 46, 
United States Code, and the rules and regulations promulgated under 
that section.''.
    (b) Conforming Amendment.--The table of sections for chapter 11 of 
title 18, United States Code, is amended by adding at the end the 
following:

``226. Bribery affecting port security.''.

SEC. 310. PENALTIES FOR SMUGGLING GOODS INTO THE UNITED STATES.

    The third undesignated paragraph of section 545 of title 18, United 
States Code, is amended by striking ``5 years'' and inserting ``20 
years''.

SEC. 311. SMUGGLING GOODS FROM THE UNITED STATES.

    (a) In General.--Chapter 27 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 554. Smuggling goods from the United States
    ``(a) In General.--Whoever fraudulently or knowingly exports or 
sends from the United States, or attempts to export or send from the 
United States, any merchandise, article, or object contrary to any law 
or regulation of the United States, or receives, conceals, buys, sells, 
or in any manner facilitates the transportation, concealment, or sale 
of such merchandise, article or object, prior to exportation, knowing 
the same to be intended for exportation contrary to any law or 
regulation of the United States, shall be fined under this title, 
imprisoned not more than 10 years, or both.
    ``(b) Definition.--In this section, the term `United States' has 
the meaning given that term in section 545.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 27 of 
title 18, United States Code, is amended by adding at the end the 
following:

``554. Smuggling goods from the United States.''.
    (c) Specified Unlawful Activity.--Section 1956(c)(7)(D) of title 
18, United States Code, is amended by inserting ``section 554 (relating 
to smuggling goods from the United States),'' before ``section 641 
(relating to public money, property, or records),''.
    (d) Tariff Act of 1990.--Section 596 of the Tariff Act of 1930 (19 
U.S.C. 1595a) is amended by adding at the end the following:
    ``(d) Merchandise exported or sent from the United States or 
attempted to be exported or sent from the United States contrary to 
law, or the proceeds or value thereof, and property used to facilitate 
the exporting or sending of such merchandise, the attempted exporting 
or sending of such merchandise, or the receipt, purchase, 
transportation, concealment, or sale of such merchandise prior to 
exportation shall be seized and forfeited to the United States.''.
    (e) Removing Goods From Customs Custody.--Section 549 of title 18, 
United States Code, is amended in the 5th paragraph by striking ``two 
years'' and inserting ``10 years''.
                                 <all>